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Home My WebLink AboutPC Resolution _6198- Case 5.1082 PDD 231& TMM 34165 AMND Accessory Units• RESOLUTION NO. 6198 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING CASE 5.1082 AMND; A MINOR AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 321 ADDING ACCESSORY DWELLING UNITS AND GUEST UNITS AS PERMITTED USES TO THE PDD, ADDING AN ACCESSORY UNIT OF ROUGHLY 468 SQUARE FEET ON LOT 3 AND ON LOT 28, AND AMENDING THE DEVELOPMENT STANDARDS OF THE PDD FOR THE ACCESSORY UNITS ON LOT 3 AND LOT 28 WITHIN A GATED COMMUNITY OF 53 SINGLE FAMILY HOMES ON INDIVIDUAL LOTS ON AN APPROXIMATELY 8.5 ACRE PARCEL AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD,; ZONE PDD 321, SECTION 14 (IL). WHEREAS, Nexus Development (O & M, LLC), ("Applicant") has filed an application with the City pursuant to Section 94.03.00(G) (Modification of Final Development Plan for a PDD) of the Zoning Code requesting approval for a minor amendment to a previously Planned Development District for a residential development on an approximately 8.5 acre parcel at the southeast corner of Avenida Caballeros and Alejo Road; and WHEREAS, on May 25, 2011, a meeting was held by the Planning Commission regarding Case 5.1082 AMND PDD 321 & TTM 34165 in accordance with applicable law; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project has been determined to be a project subject to environmental analysis under CEQA; and WHEREAS, the original preliminary Planned Development District (Case 5.1082 PDD 321, TTM 34165) was reviewed and approved by the Planning Commission on March 8, 2006 and the PDD and TTM was reviewed and approved by the City Council on April 19, 2006, and WHEREAS, the original PDD 321 was approved with 84 condominium dwelling units with private streets and a common pool and recreation building on an approximately 8.48 acre site at the southeast corner of Avenida Caballeros and Alejo Road, and WHEREAS, on April 21, 2010 the City Council adopted Ordinance 1771; an amendment to Planned Development District 321 and Tentative Tract 34165 in lieu of a Change of Zone. This amendment established the project scope with 53 single family attached and detached homes and modified the tract map to create individual lots for each of the homes as well as private streets and common landscaped areas, and WHEREAS on May 9, 2011 the Architectural Advisory Committee reviewed Case 5.1082 PDD 321 AMND; an amendment to add accessory and guest units to PDD 321, Planning Commission Resolution No. 6198 Case 5.1082 PDD 321 & TTM 34165 AMND Accessory Units May 25, 2011 Page 2of4 to add accessory units of roughly 468 square feet on Lot 3 and on Lot 28, and to revise the development standards of the PDD to accommodate the accessory units on Lot 3 and Lot 28 and voted 7-0 to recommend approval of the amendment by the Planning Commission, and WHEREAS, on May 25, 2011, the Planning Commission, at a meeting held in accordance with applicable law, considered Case 5.1082 PDD 321 AMND, a minor amendment request to the previously approved Case 5.1082 PDD 321 AMND, and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the City has prepared an environmental study and concluded that significant adverse impacts may occur as a result of the project. A Mitigated Negative Declaration for this project was previously adopted by the City Council on April 19, 2006. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA), the preparation of further environmental assessment is not necessary since the proposed amendment proposes no additional impacts. The project as amended could not, therefore, result in any new environmental impacts beyond those already identified and assessed in the adopted mitigated negative declaration. Section 2: Pursuant to Section 94.02.00 G, a minor amendment to a PDD may be approved by the Planning Commission if it "does not modify the intent of the PD". The intent of the PDD was to establish a neighborhood of attached and detached single family homes on small, individual lots within a gated community. The PDD essentially established a single family "zone" with lot sizes averaging 5,566 square feet. Guest Units without kitchens are a permitted use in single family zones subject to certain size limitations. Accessory Dwelling Units are permitted in single family zones subject to a Conditional Use Permit. The intent of the PDD - that of creating a subdivision of roughly 8.48 acres into 53 individual lots upon which single family residential units are proposed - remains in place and is not affected by the proposed minor amendment. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case 5.1082 PDD 321 AMND, adding accessory dwelling units and guest units as permitted uses to PDD 321, adding an 10% 0 Planning Commission Resolution No. 6198 May 25, 2011 Case 5.1082 PDD 321 & TTM 34165 AMND Accessory knits Page 3 of 4 accessory/guest unit of roughly 468 square feet to Lot 3 and to Lot 28 and modifying the development standards of PDD 321 to accommodate the 468 square foot accessory units only on Lot 3 and Lot 28, subject to conditions set forth in Exhibit A. ADOPTED this twenty-fifth day of May 2011. AYES: 6, Munger, Hudson, Klatchko, Conrad, Donenfeld and Chair Caffery NOES: None ABSENT: None ABSTAIN: None ATTEST: A Ewi , ICP Di or of ]an ing Services CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Resolution No. 6198 Case 5.1082 PDD 321 & TTM 34165 AMND Accessory Units May 25, 2011 Page 4 of 4 0 EXHIBIT A — PDD 321 AMND; TTM 34165 AMND - LOT AREAS, SETBACKS AND COVERAGE AREAS S.F. TABULATED PERCENTAGES SETBACKS & YARDS LOT # Lot Area Bldg Area Pool Drive- way Patio ! Walks Lot Cover- age Drive- way Open S ace Landscap a N' LY S'LY FLY W'LY 1 5758 1660 360 177 1627 32% 3% 68% 34% 4 3 7 27 2 5560 1660 360 177 1627 33% 3% 70% 31% 4 5 6 28 Ja3W M6 63V 1660 360 177 '1627 37%t.1 O/ L 63% W38% 4 5 7 22 4 7T19 1661 360 177 1627 1 24% 2% 1 78% 50% 23 1 5 6 28 5 6414 1661 360 188 1072 29% 3% 74% 49% 28 6 5 6 6 5882 1661 360 188 1134 31% 3% 72% 43% 28 6 5 0 7 5833 1661 360 188 684 32% 3% 72% 50% 28 6 5 4 8 5852 1661 360 188 1134 32% 3% 72% 43% 28 6 5 0 9 5809 1661 360 188 684 32% 3% 71% 50% 28 6 5 4 10 6120 1661 360 188 1072 30% 3% 73% 46% 27 6 5 0 11 6673 1662 360 71 1198 26% 1% 75% 51% 34 0 20 5 12 4953 1662 360 222 660 38% 4% 66% 41% 0 0 21 8 13 5547 1661 360 263 906 35% 5% 70% 42% 0 5 21 8 14 5710 1661 360 222 660 330i. 4% 71% 49% 5 0 20 8 15 5545 1661 360 263 906 35% 5% 70% 42% 0 5 21 8 16 5708 1661 360 222 660 33% 4% 71% 49% 5 0 20 8 17 5545 1661 360 263 906 35% 5% 70% 42% 0 5 21 8 18 5710 1661 360 222 660 33% 4% 71% 49% 5 0 20 8 19 7418 1661 360 263 906 26% 4% 78% 57% 0 20 21 8 20 6362 1661 360 188 1015 29% 3% 74% 49% 7 29 6 0 21 5939 1661 360 188 1015 31% 3% 72% 46% 6 1 29 0 4 22 5981 1661 360 188 1015 31% 3% 1 72% 46% 7 29 5 0 23 5907 1661 360 188 1015 31% 3% 72% 45% 6 29 0 5 24 5950 1661 360 188 1015 31% 3% 72% 46% 6 29 5 0 25 6478 1661 360 188 1015 29% 3% 74% 50% 6 28 0 5 26 7724 1660 360 177 1627 24% 2% 79% 50% 0 24 9 26 27 5562 1660 360 177 1627 33% 3% 70% 31% 4 0 7 26 °M 6120' T. 60<' 360 . :'177-''- -'1627' 37% _ 3% 63% 38% _ 0, 5 7-", 022 29 6352 1660 360 177 1627 29% 3% 74% 40% 9 0 6 28 30 6095 1660 258 288 758 32% 5% 73% 51% 16 17 5 17 31 5126 1660 258 180 743 36% 4% 68% 45% 10 20 5 11 32 5257 1660 258 288 758 37% 5% 68% 44% 16 17 5 11 33 5281 1660 258 288 758 37% 5% 69% 44% 16 17 5 11 34 5109 1660 258 180 743 36% 4% 68% 44% 10 20 5 1 11 35 5998 1660 258 288 758 32% 5% 72% 51% 16 17 5 1 11 36 5756 1660 258 353 773 35% 6% 71% 47% 4 20 5 1 4 37 4746 1660 258 407 773 44% 9% 65% 35% 4 23 5 1 4 38 4567 1660 258 353 773 44% 8% 64% 33% 4 20 5 9 39 4567 1660 258 - 353 773 44% 8% 64% 33% 4 20 5 9 40 4745 1660 258 407 773 44% 9% 65% 35% 4 23 5 4 41 5219 1660 258 353 773 39% 7% 68% 42% 4 20 12 9 42 6092 1660 258 288 758 32% 5% 73% 51% 16 17 5 17 43 5125 1660 258 180 743 36% 4% 68% 45% 10 19 5 11 44 5256 1660 258 288 758 37% 5% 68% 44% 16 17 5 11 45 5280 1660 258 288 758 37% 5% 69% 44% 13 20 5 11 46 5089 1660 258 180 743 36% 4% 67% 44% 10 20 5 11 47 5998 1660 258 288 758 32% 5% 72% 51% 16 17 12 11 48 5756 1660 258 407 773 36% 7% 71% 46% 4 19 5 4 49 4747 1660 258 407 773 44% 9% 65% 35% 4 23 5 4 50 4568 1660 258 407 773 45% 9% 64% 32% 4 19 5 9 51 4568 1660 258 407 773 45% 90 64% 32% 4 19 5 9 52 4765 1660 258 344 765 1 42% 7% 65% 36% 4 23 5 9 53 5221 1660 258 407 773 1 40% 8% 68% 41% 4 19 12 9 Avg. 5683 Ttl 301225 88004 16632 13312 50652 N WE RESOLUTION NO. 6198 EXHIBIT A Case 5.1082 PDD 321 AMND --- Accessory Units Southeast Corner of Avenida Caballeros and Alejo Road May 25, 2011 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case (5.1082 PDD 321 AMND); except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped (May 3, 2011), including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. Conform. to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1082 PDD 321 AMND. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding Resolution No. 6198 Conditions of Approval Case 5.1082 PDD 321 AMND — Accessory & Guest Units Page 2 of 5 May 25, 2010 against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of the (Planned Development District (PDD Amendment) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 112% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. N 0 Resolution No. 6198 Conditions of Approval Case 5.1082 PDD 321 AMND — Accessory & Guest Units Page 3 of 5 May 25, 2010 ADM 10. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in -lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community -wide system and shown on the City's master plan). ADM 11. Tribal Fees Required. As the property is Indian reservation land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council, including any applicable habitat conservation plan fees shall be paid prior to consideration of this project by the Planning Commission. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Vallev Multiple -Species Habitat Conservation Plan (CVMSHCP Local Development Mitigation Fee (LDMF) DOES NOT APPLY. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA). PLANNING DEPARTMENT CONDITIONS PLN 1. Flat Roof Requirements. Roof materials on flat roofs must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 and minimum initial solar i Resolution No. 6198 Conditions of Approval Case 5.1082 PDD 321 AMND — Accessory & Guest Units Page 4 of 5 May 25, 2010 reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 2. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 3. Screen Roof -mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 4. Surface Mounted Downspouts. Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 5. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. PLN 6. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 7. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 8. No off -site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. PLN 9. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Department which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title. b. Deed restrictions, easements, covenant conditions and restrictions that are to be recorded. c. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels and open space restrictions. The approved documents shall contain a provision which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor -in -interest. Resolution No. 6198 Conditions of Approval Case 5.1082 PDD 321 AMND — Accessory & Guest Units Page 5 of 5 May 25, 2010 PLN 10. (add any additional conditions imposed by the Planning Commission or City Council here) POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS (None) FIRE DEPARTMENT CONDITIONS FIR1. Accessory or Guest Unit added to Lots 3 & 28 will require the following: Both of these lots are sited with townhouses that are already required to install fire sprinklers. The casitas are 6'-1" from the townhouses and 5-0" from the property lines. Appendix K Section 6.12 requires a detached structure within 15 feet of the townhouse to be fire sprinklered. The applicable fire sprinkler standard is NFPA 13D, 2010 Edition. FIR2. Each casita will require: a. A smoke alarm b. A carbon monoxide alarm if there is a fuel fired appliance installed i.e. water heater, FAU or range These casitas have an option for a kitchen. END OF CONDITIONS N 0 r- 1 MI